Nevada

This is a big black eye for the signature gathering business. A Nevada district judge, James Todd Russell, has disqualified three well-funded ballot initiatives because of problems with the affidavits signed by petition circulators. These were arguably the three biggest initiatives in the state. One initiative would divert casino taxes to education and other state issues. Another was the son of Prop 13 measure that would have required a two-thirds vote in the legislature to raise taxes. Backers included a former state treasurer and former controller.

What happened? In July 2007, the state legislature adopted new requirements for the affidavits that signature gatherers sign to verify that signatures are real. These new requirements, according to the Las Vegas Review-Journal,  included a statement that the gatherer personally circulated the document, that the number of signatures were counted, and that each signer had an opportunity to read the text of the initiative.

However, Nevada Secretary of State Ross MIller never updated his web site, which lists the rules for such affidavits, to reflect these changes. It appears that signature gatherers relied on the web site and thus did not comply with the new law.

Here's what the judge had to say: "It is unfortunate here that someone didn't do there homework prior to the circulation of these initiatives, although I think the secretary of state could probably have done a better job in this particular case."

It turns out that in this town, your luck can change in 20 minutes.

All systems seemed to be go for a Nevada ballot initiative that would have imposed Prop 13-style restrictions on tax increases in the Silver State. The sponsor, a Republican candidate for state senate, was so high on it that newspapers reported that it appeared to have the signatures. Turn-in began, but for some reason, they didn't get to the clerk's office in Clark County until 20 minutes (5:20 p.m.) after the deadline Tuesday. They tried to come back Tuesday, but had photocopies rather than originals of signatures. That's a big no-no. And likely the end of the sponsor's campaign.

CASINO INTERESTS DIVIDED ON COMPROMISE: It appeared that the Nevada teachers' unoin and casino interests had reached a compromise to avoid a casino tax ballot initiative and replace it with a hotel tax hike for education interests. It was a classic example of how to use the leverage of a ballot initiative to get what you want. But it turns out that not all casinos are happy with the deal. Specifically, the CEOS of the MGM Mirage, Boyd Gaming Company, and the Las Vegas Sands have expressed opposition. That means the new advisory ballot question and legislation on the compromise could face a strong no campaign. If defeated, it's possible the teachers' union could bring back the casino tax.

ARK GOV AGAINST IMMIGRATION INITIATIVE: Mike Beebe, the Democratic governor of Arkansas, announces his opposition a ballot initiative, now gathering signatures, that would deny public services to unauthorized immigrants. The endorsement in this race that I'd like to see is that of former Gov. Mike Huckabee, whose record as governor was pro-immigrant but who reversed himself as a presidential candidate, going so far as to question birthright citizenship for the children of unauthorized immigrants.

This Associated Press story quotes Nevada's politically damaged governor, Jim Gibbons, as saying he supports a compromise to keep a union-backed, casino tax initiative off the ballot. The compromise would raise room taxes, not gaming taxes. The teachers' union wants the money for educational programs. (Hat tip: ballotpedia.org)

Mike Antonucci at the Education Intelligence Agency, which monitors teachers' union, is mad about this story in the Las Vegas Sun. It's a story decrying a blocking campaign launched against a teachers union initiative petition in Nevada that would raise taxes on gaming to provide more funds for education. Antonucci points out that the teachers' union has supported its own blocking campaigns over the years. I'd make a slightly different point: blocking campaigns aren't news. They don't do very much, except slightly raise the cost of gathering signatures. And they are probably a waste of time for those interests who mount them.

TOO COOL FOR SCHOOL: Here's an important and under-reported story: Nevada's schools will be closed on Election Day in November. That should boost turnout in a swing presidential state. And it also could give a boost to the Nevada teachers' unions, who are attempting to raise gaming taxes to boost education funds. Not having to teach that day will boost turnout. Also, about 800 of the poll workers could be students, says the state's registrar of voters. In related news, a Nevada judge rules that two measures to tax gaming to provide funds for education can remain on the ballot. The judge thinks they make little sense, but says that the voters have the right to decide that for themselves.

AG'S DOMAIN: Some agriculture interests are getting aggressive in opposing Prop 98, one of the two measures on June's California ballot that would put restrictions on eminent domain. The Sacramento Bee says that this represents a divide in the agriculture community, since the California Farm Bureau is one of the initiative's backers. (Prop 98's restrictions include tigher limitations on using condemnation for private purposes and on retn control than its competitor, Prop 99).

DEPARTMENT OF MOON HOWLING: The Las Vegas Review & Journal takes a long look at one of the country's more important signature firms, National Voter Outreach and its CEO Rick Arnold. I've interviewed Arnold in his Carson City home, and found him to be one of the more thoughtful people in the petition trade, critical of its problems and clear-eyed about its limitations. This story is built heavily around criticism from the liberal/progressive Ballot Initiative Strategy Center, which is quick to lable signature gathering as corrupt (at least in cases where it opposes the cause in question). There is a "shocked, shocked" quality to this criticism. The signature gathering business has plenty of problem workers, many of them poorly trained folks who, for lifestyle reasons, have taken a job that usually pays them in cash. But BISC and other critics invariably propopse to criminalize the process of gathering signatures, as in Oklahoma. In supporting these restrictions, liberals are hurting themselves, by establishing precedents restricting political speech that can be used by their political opponents. And such restrictions don't stop direct democracy. They merely slow it down, adding to the costs (and thus the influence of interest groups) that progressives love to denounce. The more you regulate, the more firms like National Voter Outreach will benefit.

There are signs that Colorado is headed towards the kind of Labor vs. Business Ballot Initiative Super Bowl that Californians experienced during the special election of 2005. It seems that every few weeks, one side or the other ups the ante by filing new initiatives aimed at the prerogatives of the other. Colorado's governor has called a meeting for Monday in an effort to head off warfare, but don't bet it on him succeeding. Ballot initiatives, once filed, take on lives of their own. A whole industry of people who profit from the measures -- and interest groups who like the measures -- soon seize on viable initiatives. In many cases, the initiative's original sponsors can change their mind and sue for peace -- but it doesn't matter. Here's a round-up of headlines from over the past couple days.

RIGHT TO WORK SUMMIT: The Rocky Mountain News has this report on Monday's scheduled meeting between the governor and advocates for a ballot initiative that would make Colorado a "right-to-work state." California cognoscenti will recognize the name of Jonathan Coors, a former aide to Gov. Schwarzenegger.

UPDATED APRIL 4 After two nights of contacting gatherers and reading initiatives from all over the country (AND SOME EXCELLENT CORRECTIONS ON ARKANSAS AND MICHIGAN FROM Ballotpedia), here's my report on what's "on the street" and circulating in this great democratic land of ours. Please let me know if you think I'm missing important measures. For a more progressive take and focus, you can look at the Ballot Initiative Strategy Center's issues map.

CRACKDOWN ON SIGNATURE GATHERERS? The Contra Costa Times has this item in praise of a bill that will attempt to hold initiative sponsors liable for misstatements and misrepresentations made by signature gatherers. One wonders if the sponsor has met any signature gatherers, who tend to be, shall we say, independent-minded. They often are folks who, because of their life choices, like to be paid in cash. How does one police these misrepresentations? Who decides? This bill may pass, but it seems like an outrageous criminalization of political speech that will produce nothing more than litigation.

NO EMERGING NATIONAL TREND: Those Nevada ballot initiatives -- one putting more scrutiny on government contracting, the other banning taxpayer funds from being used for lobbying -- have been withdrawn by their conservative backers. Those backers blame legal challenges by labor for slowing down qualification of the measures.

SARASOTA COUNTY: Florida is billed as a model for how to use ballot initiatives to control growth.